The freedom to establish private companies is fully ensured pursuant to the Private Investment Law. Once a foreign investor has been granted a license for an investment project, the government extends national treatment to that investment. The following sectors are not open to foreign investment: Nuclear energy development, gambling, narcotics and intoxicants production. Following consideration of national priorities, the High Commission on Investment reserves the right to restrict further sectors.
Acquisition of Holdings
Foreign investors can wholly own local companies in Afghanistan. As there is no stock exchange in the country, foreign investors cannot own a company whose shares are publicly traded.
Obligation to Declare
Investments above USD 3 million need to be approved by the High Commission on Investment. The Commission is composed of Minister of Commerce and Industry (Chair); Minister of Finance; Minister of Foreign Affairs; Minister of Labour and Economy; Minister of Mines; Minister of Agriculture, Irrigation and Livestock; the Governor of the Central Bank; and the President of Afghanistan Investment Support Agency (AISA).
Requests For Specific Authorisations
Investment in the following areas requires specific authorisation from the High Commission on Investment: Production and sales of arms and explosives, financial activities other than banking, insurance, natural resources (forestry included) and in infrastructure (including telecommunications, construction and pipelines installations). The Commission negotiates with ministers and related administrations regarding the appropriate limits for investment and may impose special conditions on investment.
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